Connect with us


Machaya asserted that Reconstruction Act was constitutional in 2018, is he correct?



In November 2018, Mr. Prince Machaya asserted boldly that a law that divests and deprives shareholders and directors of the control and management of a private company was Constitutional.

He stated as follows to the Parliamentary Committee on Mines that was chaired by Hon. Themba Mliswa as follows:

Source: https://news.pindula.co.zw/2018/11/20/parliament-has-no-power-to-probe-hwange-colliery-company-attorney-general/

Below we have a Q&A with Mr. Tinashe Mpasiri, Director of Corporate Literacy at the Justice Under Rule of Law Institute, an initiative jointly powered by the 1873FM radio and the Banking on Africa’s Future Initiative:

Q: Mr. Mpasiri what is the state?

A: It is ironic that Mr. Machaya, the Attorney General (AG) knows and ought to know that in relation to the Reconstruction of State-Indebted Insolvent Companies Act (Recon Act), the word STATE is not defined.

If this is accepted as true and fact, the question that inevitably follows is how can one be indebted to a nullity?

Notwithstanding, the AG who evidently lives on another planet asserts that it can be a legal possibility that a company can be indebted to this self-created creditor called the state.

Just to demonstrate the absurdity implied in the AG’s assertion that: “In the case of companies which are put under reconstruction, the fact that they are indebted to the State does not necessarily make them Government agencies,” the constitution in terms of s69(2) that provides as set out below precludes a creditor in the name of the state from assuming a superior creditor status in relation to a debtor in terms of the doctrine of equality:

“In the determination of civil rights and obligations, every person has a right to a
fair, speedy, and public hearing within a reasonable time before an independent
and impartial court, tribunal, or other forum established by law.”

Consequently, no law can pass the constitutional muster that is based on a principle that makes the state a judge, jury, and executioner in relation to civil rights and obligations.

The AG has a constitutional duty in terms of s114(4)(d) of the Constitution of Zimbabwe: “to promote, protect and uphold the rule of law and to defend the public interest;” and his conduct and attitude in relation to the constitutional validity confirm he not cognizant on the limitations imposed upon him by the constitution.

Q: What is your take on the statement by AG that: “Parliament cannot exercise its powers over a company like Hwange, any power that it would not otherwise have if it is not under an order of reconstruction because it is a privately-controlled company?”

A: Indeed, no company is contemplated and permitted to exist that is defined as state-indebted because the indebtedness of a company does not define its identity. This is like classifying a pregnant woman into another human class. A woman belongs to a universal class of humans and as such should be incapable of belonging to any special class solely on account of pregnancy.

A company is a company by any description and, therefore, the Recon Act creates no company and as such a company under reconstruction is no company at all but is analogous to a company whose control and management are hijacked by an act of state.

This can only happen in a country that does not respect the rule of law.

It is chilling that an AG, an oath-taking public office bearer can surrender to a civilization in which the so-called state can acquire the rights and freedoms of a creditor when it enjoys no standing to be a creditor.

What is astonishing is that this offensive and morally bankrupt Act is administered by the Minister of Justice, Legal, and Parliamentary Affairs who possesses no jurisdictional facts to determine if a private company is indebted or not?

On what legal and constitutional basis would this public office bearer acquire the facts to enable him to determine that a private company is indebted to the so-called state on the one hand and conclude in his mind that the said company is insolvent without the purported debtors being constructively involved in the enterprise of hijacking?

Q: The AG asserted that the company so hijacked using this law as a weapon: “has got shareholders and other people,” what is your take on this statement?

A: The mere fact that the hijacked company has its own shareholders and officials makes it unconstitutional for public power to be used to divest and deprive them of the control and management of their company without following the due process of the law.

Q: The AG further stated: “If there was no order of reconstruction, Parliament cannot play its oversight over Hwange,” what do you make of this statement?

A: The AG is saying because the hijacking of a company does not involve any public funds, the Parliament has no jurisdiction over the creature. This is tantamount to saying that the loot obtained from the use of public power does not legally belong to the government but to the looters.

Q: The AG stated: “The order of reconstruction itself does not make Hwange an institution of Government,” what is your take on this?

A: The whole enterprise of reconstruction is to permit crooked public office bearers to use the government and its coercive power to expropriate private assets without necessarily creating any accountability in the process. In other words, the Administrator, a creature of statute assumes the control and management of the confiscated assets without suffering the statutory burden of reporting to any organ of state other than the Minister who issued the extra judiciary order in relation to a private company whose effect is to create a facade of a company without the properties of a company. The Administrator is not accountable to Parliament yet the basis of placing the company under reconstruction is that the hijacked company is indebted to the fiscus.

Continue Reading
1 Comment

Leave a Reply

Your email address will not be published. Required fields are marked *





Minister Lindiwe Sisulu to lead the state of world population report launch focusing on the impact of unintended pregnancy in her capacity as the Acting Minister of the Department of Social Development, the Minister of Tourism – Ms Lindiwe Sisulu, will deliver a keynote address at the State of the World Population (SWOP) launch today, Thursday 23 June 2022, in KwaZulu-Natal.

Nearly half of all pregnancies, totalling 121 million each year throughout the world, are unintended. In Southern Africa, 65 percent of pregnancies between 2015 and 2019 were unintended and 36 percent resulted in abortion.

For the women and girls affected, the most life-altering reproductive choice – whether or not to become pregnant – is not a choice at all.

It is in this context that the Department of Social Development, in partnership with the United Nations Population Fund (UNFPA), is launching the State of World Population 2022 report focusing on the unseen crisis of unintended pregnancies.

Titled: “Seeing the Unseen: The case for action in the neglected crisis of unintended pregnancy”, the State of World Population 2022 report highlights the 121 million unintended pregnancies every year as a global failure of basic human rights, and a neglected crisis.

It reveals the scope and impact of unplanned pregnancy on women, girls, households, societies, countries, and global development.

The launch will take a South Africa-led multi-country format, which entails a dialogue with senior government officials, to be followed by youth engagement activities facilitated by young people from youth networks in the Southern African Development Community (SADC) region.

This engagement will be attended by SADC region dignitaries, and cabinet ministers from countries including Malawi, Zimbabwe, the DRC, and eSwatini. The Premier of the KwaZulu-Natal Province, Mr Sihle Zikalala, and the MEC of the Department of Social Development in the province, Ms Nonhlanhla Khoza, will also join the delegation.

Continue Reading





The Republic of South Africa (RSA), as a Member State to the United Nations (UN) and a Troop and Police contributing country, has been nominated to host the 6th United Nations Partnership for Technology in Peacekeeping Symposium. The Symposium will be held at the Council for Scientific and Industrial Research (CSIR) International Convention Centre (ICC) in the City of Tshwane (Pretoria), Republic of South Africa from 21-24 June 2022. This is a key annual event in the provision of Technology to UN Peace Missions.

The Symposium is organized by the United Nations (UN), represented by the Department of Operational Support (DOS) and the United Nations Office of Information & Communications Technology (OICT) in cooperation with the Government of the Republic of South Africa (RSA). The RSA Defence Review 2014 militates for strategic shaping and influence through Defence Diplomacy

Attendees of the Symposium will include participants invited by the United Nations. These will comprise of Member States, Civil Society and Academia, UN Officials, International Consultants, Participants invited as observers by the United Nations and the Government of RSA including representatives from Inter-Governmental or Non-Governmental organizations or Institutions. It will bring together experts from Member States, Civil Society, the UN and its partners to explore innovative ways that can contribute to Peacekeeping using Technology as a catalyst. The symposium will also provide a forum to develop strategic partnership aimed at delivering tangible and sustainable outcomes.

The main purpose of the Symposium will be to align with key recommendations in the Strategy for Digital Transformation of United Nations Peacekeeping and to provide a communications platform that emphasizes cooperation as a key enabler of the organization.  Emphasis is put on tangible outcomes, optimization of Operational procedures and “know-how” transfer on the use of modern Technologies that are not yet included in the typical Peacekeeping Mission portfolio and will explore creative and collaborative opportunities to enhance Field Technology in the areas of;

•           Protecting Peacekeepers

•           Information-driven Peace Operations

•           Integrated Training and Capacity building

•           Eco-responsibility and;

•           Telemedicine.

South Africa will be the first African country to host the Partnership for Technology In Peacekeeping Symposium. Previous Symposiums were hosted by European and Asian countries. This is an important milestone for the African Continent. The symposium falls within the scope of the mandate of the General Assembly resolution(s) 46/48 of 9 December 1991, 48/42 of 10 December 1993 under which are Peacekeeping Training requirements and the use of Technology in Peacekeeping.

In June 2014, the Department of Peacekeeping Operation (DPKO) and the Department of Field Support (DFS) of the UN commissioned a “Panel of Experts in Technology and Innovation in UN Peacekeeping” to recommend ways in which the organisation could leverage Technology and Innovation to enhance its Operational effectiveness.

In the advent of the 4IR Industrial Revolution, the partnership for Partnership for Technology in Peacekeeping aims to extend involvement in Peacekeeping from the International Community through a comprehensive framework that can support collaboration and the introduction of modern technologies and concepts in Field Missions. The Symposium is designed to explore ways to support the UN Peacekeeping and the Field Operations community by leveraging cutting edge technologies to enable Military, Police and Civilian personnel in the face of critical challenges.

By hosting this Symposium, South Africa hopes to;

•           Promote locally developed Technology products,

•           Increase awareness of what RSA has to offer to the UN Missions and Member States Technology-wise,

•           Enhance the indigenous Defence Industries Capabilities at a United Nations-led platform that has Global reach.

Furthermore, this endeavour is also focused on generating interest for collaboration efforts in Technology Development with Strategic Countries in line with the Presidential campaign of attracting Foreign Direct Investment into the country.

The 6th United Nations Partnership for Technology in Peacekeeping Symposium local organisers and participants include, the State Security Agency (SSA), Department of Trade and Industry (DTI), Department of International Relations and Cooperation (DIRCO), Department of Science and Technology (DST), Department of Home Affairs (DHA), South African Police Service (SAPS), National Defence Industry Council (NDIC) and other participants.

Continue Reading


Ramaphosa officially opens SADC Extraordinary Summit of the Organ Troika of the Heads of State and Government



The Extraordinary Summit of the Organ Troika of the Heads of State and Government of the Southern African Development Community (SADC) plus SADC Mission in Mozambique (SAMIM) Personnel Contributing Countries (PCCs) and the Republic of Mozambique, was held virtually on 12th April, 2022.

The summit was officially opened and chaired by His Excellency Matamela Cyril Ramaphosa, President of the Republic of South Africa and Chairperson of the SADC Organ on Politics, Defence and Security Cooperation.

The summit was attended by SADC Heads of State and Government, their representatives and members of the Troika of the Ministerial Committee of the Organ (MCO), Ministers from the SAMIM Personnel Contributing Countries, the SADC Executive Secretary and Head of the SADC Mission in Mozambique (SAMIM).

The progress of SAMIM was noted by the summit, as presented by the Head of the SADC Mission in Mozambique, and commended SAMIM leadership, including men and women on the ground for their sacrifices and commitment to the fight against terrorists acts in some parts of Cabo Delgado Province.

The transition of SAMIM from Scenario 6, (Rapid Deployment Capability) to Scenario 5 (Multidimensional Force), with a robust mandate was approved and the summit commended SAMIM Personnel Contributing Countries for their continued support by pledging capabilities and personnel to enhance the effectiveness of SAMIM operations, and urged Member States to continue supporting the mission.

The summit expressed its appreciation to the African Union (AU) and the International Cooperating Partners (ICP’s) for the support towards stabilization of the security situation as well as the socio-economic recovery and development of Cabo Delgado Province.

Expressing solidarity with the Republics of Botswana, South Africa, Kingdom of Lesotho and the United Republic of Tanzania for the demise of soldiers serving the Mission, the summit expressed words of comfort for those wounded in action.

The Republics of Zimbabwe and Malawi were commended by the summit for the spirit of solidarity expressed through delivery of the pledged donation of foodstuff in 3 support of Humanitarian assistance to the affected population of Cabo Delgado.

The Head of Mission was directed to coordinate with the Republic of Mozambique on the implementation of the comprehensive Integrated Reconstruction and Development Plan of Cabo Delgado.

The summit acknowledged the expression of gratitude by His Excellency Filipe Jacinto Nyusi, President of the Republic of Mozambique for SADC’s continued support, collaboration and cooperation towards attainment of sustainable peace and security in the Cabo Delgado Province.

His Excellency Matamela Cyril Ramaphosa, President of the Republic of South Africa and the Chairperson of the Organ on Politics, Defence and Security Cooperation, was commended for his leadership in steering the work of the Organ in pursuit of lasting peace, security and stability in the SADC region.

Mr. Tinashe Mpasiri and President Cyril Ramaphosa

Speaking after the summit, Mr. Tinashe Mpasiri, a member of Justice Under Rule of Law (JUROL), an initiative of the Banking On Africa’s Future (BOAF), said, “Peace is not simply about the absence of violence. It is defined by the presence of fundamental liberties and the prevalence of economic opportunities. Justice under rule of law is a step towards prevalence of economic opportunities. Absent the rule of law economic development is a mirage and it is the duty of the citizens to ensure that public office bearers who have taken an oath to uphold, promote and defend the constitution of the republic, are held accountable for their conduct.”

Continue Reading